PCAP - Presidential Climate Action Project

Authority over the Entities Subject to the Directive. The DOT is an executive department. 238In regard to executive departments, it is presumed that the President is constrained only by therequirement that he “not direct any act beyond the bounds of an administrator’s legalauthority.” 239 Similarly, the President has substantial authority over the FRA and the FAA. Thehead of the FRA is the Administrator, who is appointed by the President, by and with the adviceand consent of the Senate. Further, the Administrator reports directly to the Secretary. 240Likewise, the Administrator of the FAA is appointed by the President, by and with the adviceand consent of the Senate, and also reports directly to the Secretary. 241In terms of this proposal, it essentially directs the agencies to provide a report or information ona potential plan of action. This falls within the procedural supervisory authority overadministrative officers as discussed in Chapter I. 242 This enables the President to demandinformation from, and engage in consultation with, agencies and their officers. This applies toall executive agencies across the board and would include, for example, demanding reports onvarious issues, even reports that suggest a preferred policy position. 243Executive Orders. There are only two executive orders published in the Federal Register thatexplicitly name the FRA (E.O. 11382 and 11581); neither is relevant to this proposal. There area number of executive orders that require agencies to examine or review the laws and regulationsthat they are responsible for implementing. Some relate to compliance with statutory programs.For example, E.O. 13078 requires the DOT and other agencies to examine their programs to seeif they can be used to create new work incentives and to remove barriers to work for adults withdisabilities. 244 Others relate to compliance with a general policy as declared by the President.For example, E.O. 13266 directs the DOT and other agencies to review and evaluate the policies,programs, and regulations of their respective departments and offices that in any way relate tothe personal fitness of the general public. Based on that review, the Secretaries and the Directorshall determine whether existing policies, programs, and regulations of their respectivedepartments and offices should be modified or whether new policies or programs could beimplemented. 245238 5 U.S.C. § 101.239 Shane, supra at 609; see also, Boundaries Report, Chapter VI (It is said that executive agency heads serve “at thepleasure of the President” and, therefore, are under greater pressure to conform to the President’s policy goals.Endnote omitted.).240 49 U.S.C. § 103(b).241 Id. at § 106(b).242 See Boundaries Report, Chapter 6 (especially sections 1 and 4); see also, U.S. Const. Art. II, sect. 2.243 Kagan, supra at 23-24.244 See also, e.g., Exec. Order No. 12320 (a review by every Executive agency of its programs to determine theextent to which historically Black colleges and universities are given an equal opportunity to participate in Federallysponsored programs); Exec. Order No.12953 (specified agencies shall conduct a full review of current policies andpractices to comport with child support act).245 See also, e.g., Exec. Order No. 13185 (executive branch departments or agencies that support research atuniversities to regularly review its existing policies and procedures to ensure that they meet the spirit and intent ofthe guiding and operating principles stated in the National Science and Technology Council report); Exec. Order No.12606 (Executive departments and agencies shall identify proposed regulatory and statutory provisions that mayhave significant potential negative impact on the family well-being); Exec. Order No. 13045 (all agencies shallensure that policies, programs, activities, and standards address disproportionate risks to children that result fromenvironmental health risks or safety risks).CEES 59 | P age